Workshop

1. Workshop PROCESS, INFORMATION, & HOW TO GET BACK INTO THE WORKFORCE Nathan Ulsh Human Solutions, Re-entry/Microenterprise

2. Topics: • Debunking the felon myth • Updates & the news • Quick facts • Re-entry into the workforce • Application process, résumé, etc • Resources • Process: • “Motion to set aside” (expunge, seal) • Requirements • Process

3. THE DAILY NEWS Opportunity to Compete Act -- the “Act” • Opportunity to Compete Act (the “Act”) • The Ban the Box movement works to remove the question “Have you ever been convicted of a crime?” • from initial job applications. (NJ) S2586, A3837 In compliance with the New Jersey Opportunity to Compete Act, any employer who withdraws a conditional offer of employment after conducting a criminal history inquiry on an applicant must provide the applicant with a copy of the results of the criminal history inquiry and a completed copy of this form after first having a discussion with the candidate. Notably, employers would still be permitted under the Act to ask about certain parts of an applicant’s criminal history once a provisional offer of employment has been made.  Connecticut, Hawaii, Massachusetts, Minnesota and New Mexico currently have a similar law in place.

4. Debunking ‘The Felon’ • You are a job seeker, not a felon • Legal history, is history! • Think of the future. • Everyone has barriers…

5. Barriers • Skills • Soft (non-technical, personality) • Hard (writing, math, reading) • Employment gaps • Work history (been fired, walked off, etc.) • Felony • LEDS (Law Enforcement Data System) • Ask your attorney or pay $35 fee • County courthouse $5 • License(s) • Drivers license, food handler YOU NEED TO KNOW THEM!!

6. Barriers • What transferable skills do you currently possess?

7. Background Check • Under Equal Employment Opportunity (EEO) laws, employers cannot use arrest information that did not result in a conviction (arrest only) as the sole basis for a hiring decision. • In most jurisdictions, criminal court records provide employers with the following: • case/file number • physical description or personal identifiers (i.e., date of birth, social security number) • date of offense, arrest date and filing date • type of offense • disposition, if available • Human resource experts often state past behavior is the best predictor of future behavior • PROVE THEM WRONG!

8. Application:Have you ever been convicted…? • Do not: • Leave felony line blank or lengthy explanation • “Yes” or “Would like to discuss” • Lie • Do: • “Yes” | Class C Felony, Clackamas, 2005 • “No theft/person to person, would like to discuss” • Be honest!

9. Have you been convicted of a felony within the last 3 years?

10. ApplicationWhat was your wage/salary…? • Do not: • Put the actual amount • .20 an hour • Do: • Write “minimum wage”

11. ApplicationWhy did you leave your last job? • Do not: • Put negative verbage • “Went to jail”, “paroled” • Do: • Write “relocated”, “contract ended”

12. ApplicationWhat experience do you have? • Do not: • Lie • Experience, skills, qualifications • Talk slang/street (hustler) • Do: • Sell yourself! • If you have the experience, flaunt it!! • Give job details of what you have done if you served time (studied/prep for school, volunteered, job skills)

13. Quick Facts • 53%of all job applications contain inaccurate information. -Society of Human Resources Management • 4%of all application forms contain outright lies about experience, education, and ability to perform essential functions on the job. -Wall Street Journal • 57%of hiring managers say they have caught a lie on a resume. -CareerBuilder.com

14. Interview • Arrive 10-15 min. early • with proper documents and smile! • Like a 1st date • 1st impression, checking for compatibility. • Do not mentioned anything that will scare. • Soften your voice, eye contact, gestures • 7%words, 38% tone, 55% posture • 7 seconds to 3 minutes, employer knows if hiring • Long rap sheet? • Consolidate, do not elaborate unless asked! • Be positive, stay away from negative “felon, ex-con, criminal, offender” • Take responsibility for your actions

15. Interview • Do not: • See yourself as an ex-felon • Be lengthy when explaining things • Pass the blame (the cops set me up!) • Lie about background • Stress • Do: • Sell yourself! • If you have the experience, flaunt it!!

16. Interview • Responsibility • 30 second talk about past, summarizing convictions, showing empathy and responsibility I was in a bad position in life which resulted in drug use. This experience has changed my viewpoint in life… • Rehabilitation • What are you doing to show change? (e.g. classes, AA, PTA, volunteer) I no longer use drugs and have began volunteering at Red Cross… • Benefit • What skills do you have that will benefit the employer? I not only know Office 2010 but I have improved my communication skills at RC… • Beg • Ask for the opportunity I would appreciate the opportunity to grow with [company]…

17. What tools do I have? • Federal Bonding Program • Work Opportunity Tax Credit (WOTC)

18. The Law is on your side • Federal Bonding Program—“at risk” • Insurance from the government guaranteeing one’s ethical performance • Only theft, forgery, larceny, embezzlement • Does not cover poor workmanship, injuries or accidents • Free, no costs to you for 6 months • This is NOT a bail bond of any sort

19. The Law is on your side • Federal Bonding Program—“at risk” • ex-offender with a record of arrest, • conviction or imprisonment; anyone who has ever been on parole or probation, or has any police record • recovering substance abusers; persons rehabilitated through treatment for alcohol or drug abuse • poor credit record or have declared bankruptcy • dishonorably discharged from the military • persons lacking a work history who are from families with low income

20. The Law is on your side • Work Opportunity Tax Credit (WOTC) • Credits the employer for hiring ‘ex-offenders’ • The employer will receive monetary reward for hiring you! ($2,500)

21. Factors you can influence • Appearance | Dress nice (light colors), shave, hair, etc. • Mentality | Positive attitude • Body language (eye contact, shake hands) • Initiative and perseverance (don’t quit!) • Clackamas county: average 46 applications • 68% chance it wont work out (due to record) • Revamp your skills • Take classes or volunteer • Education: Coursera, NCRC • Network • Attend events and participate with the community, get your name out there • Who you know, not what you know

22. Factors you can influence • Habits 40% of the actions people performed each day weren’t actual decisions, but habits. • first time is always tough • Small wins • One task at a time = snowball effect • Practice makes (almost) perfect… • Take (any) job, even if you are overqualified

23. Multnomah County Courthouse 1021 SW Fourth Avenue Portland, OR 97204-1123 Phone: 503.988.3957  Misdemeanor: Rm 106 Felony: Rm 600 (DA office) Mon-Fri: 8am-5pm

24. Resources Project Clean Slate Cascade Plaza Building 4300 NE Fremont Street #220 Portland OR 97213-1100 503-244-5794 Metropolitan Public Defender Services 630 SW 5th Ave., Suite 500 Portland, OR 97204 503-225-9100 Mondays @ 1pm

25. Resources Worksource (SE Works) 7916 SE Foster Rd.Suite 103Portland, OR 97206 503-772-2300  -POIC -Better People -Mercy Corp NW -Central City Concern

26. Resources

27. “Motion to Set Aside”Expunction/Sealment Conviction: • Any class “C” felony • Any misdemeanor, including any violations of county or city ordinances • Any crime punishable as either a misdemeanor or a felony at the discretion of the court • Any violation (under state or local law) • Crimes involving marijuana (when punishable as a felony only). • An offense committed before January 1, 1972 which present law would classify under the categories listed, except for any sex crime or any crime which would constitute child abuse as defined in ORS 419B.005: Criminal Mistreatment 1 (ORS 163.205) or Endangering the Welfare of a Minor (ORS 163.5751A). • At least 3 years after crime occurred and only one crime within the last 10. Arrest: • 1. An arrest, which resulted in a conviction, listed in the six sections above. • 2. Any arrest which resulted in no action, a dismissal or an acquittal.

28. Cannot expunge… The following are generally NOT the types of records that can be set aside (removed): • Any class A or B felony • Sex Crimes or Attempted Sex Crimes (ORS 181.594) • Crimes Involving Child Abuse (419B.005) • Civil Judgments • Contempt of Court Orders • Traffic Crimes and Tickets • Manufacturing or Distribution of a Controlled Substance • Convictions that occurred outside Multnomah County (apply in the county that you were convicted in) • Parking tickets or Restitution http://www.oregonlaws.org/ors/137.225

29. Cannot expunge… The following is a specific list of crimes that can't be set aside (Excluding Traffic Offenses): • Aggravated Murder • Aggravated Theft • Arson in the first degree • Assault I or II • Burglary-1 • Buying or Selling a Child • Child Neglect I • Compelling prostitution • Compelling prostitution, • Contributing to the sexual delinquency of a minor • Criminal Mistreatment: involving child abuse • Criminally negligent homicide • DCS-I or II (e.g. meth or cocaine) • Encouraging child sexual abuse • Endangering the Welfare of a minor: involving child abuse • Felony public indecency • Female Genital Mutilation Incest Kidnapping Manslaughter MCS-I or II Murder Paying for viewing a child's sexually explicit conduct PCS-I (Heroin) Possession of materials depicting sexually explicit conduct of a child Promoting prostitution Rape Robbery I or II Sexual abuse Sexual Misconduct Sodomy Theft by Extortion Transporting child pornography into the state Treason Unlawful Possession of Body Armor Unlawful Possession of Machine Gun\Short Barreled Shotgun Unlawful sexual penetration Unlawful sexual penetration Using a child in a display of sexually explicit conduct Violation of a Restraining Order

30. “Motion to Set Aside”(expunge / seal) • A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of a conviction/arrest and the applicant is deemed not to have been previously convicted/arrested. The court orders the record of the conviction/arrest and any other official records in the case to be sealed. In the eyes of the law, the violation that led to the conviction/arrest did not occur and the record does not exist. Law enforcement agencies are required to seal their investigative reports of the incident. You will need to fill out these 3 documents: 1. Motion to set aside conviction and seal records of arrest 2. Order to set aside conviction and seal records of arrest 3. Affidavit in support of motion to set aside conviction and seal records of arrest (MUST BE NOTARIZED) Can take from 3 months to a year to process. Average wait time is 6 months.

31. http://www.stevensness.com

32. Requirements >3 years CONVICTION: 1. At least three (3) years must have passed from the date of conviction. 2. You must have fully complied with all of the court’s orders 3. You do not have any pending criminal charges. 4. You have no other convictions (except traffic convictions) within the ten-year period preceding the filing of the motion. 5. No outstanding debt/fines with state/city/county/trimet

33. Requirements >1 year ARREST: 1. At least one (1) year must have passed from the date of arrest if no accusatory instrument was filed. 2. You do not have any pending criminal charges. 3. You have no convictions (except traffic violations) within the ten-year period preceding the filing of the motion. 4. You have no other arrest within a three-year period preceding the filing of the motion (except for traffic offenses and arrests for conduct associated with the arrest sought to be set aside). 5. No outstanding debt with state/trimet

34. The Process • Fill out the three necessary forms. • Motion to Set Aside Conviction and Seal Records of Arrest. The one-page form only requires your name, signature, date of birth and mailing address. • Affidavit in Support of Motion to Set Aside Conviction and Seal Records of Arrest. This two-page document requires you to detail your past conviction and makes you vow that you meet the requirements for expunction, and it must be signed in front of a notary. • Order to Set Aside Conviction and Seal Records of Arrest. This form is filled out in advance so that if your application is approved by the courts, the order for expunction just has to be completed and signed by the judge. • Get fingerprints from police department and certified check for $80.00 made out to Oregon State Police, • if the arrest resulted in a conviction.  If the arrest resulted in a dismissal no $80.00 fee is required. 

35. The Process(for you to complete)

36. The Process • Setting aside a conviction record does not absolutely eliminate the record.The court could be asked to unseal your record, but only exceptional circumstances would warrant this. A court order is required to unseal the record. • e.g. Further questions can be answered via court’s expunction clerk of the court at 503-846-2295

37. 5 quick tips • Understand your rights/charges as it applies • Know your record • Read the verbage on the application (i.e. “have you been convicted of a felony in past…?) • Seek an attorney • Not necessary, but highly recommended! • Be Honest • Better to have no employee than a dishonest • Rebuild your résumé • Preferably get hired with someone you know, references!! • Self-employment (contractor/business) • It takes time… one day at a time • As time goes by, so does the past